Javascript is not enabled.

Javascript must be enabled to use this site. Please enable Javascript in your browser and try again.

AARP Foundation Legal Advocacy: Litigation Cases Skip to content

Employers want the skill and experience older workers have to offer. Our workforce programs provide older workers with the resources and training they need to compete with confidence for in-demand jobs. Learn more

 

Docket: Active Litigation Cases

Case Name: Hartshorne  v. The Roman Catholic Diocese of Albany, New York

Court: New York Supreme Ct., Schenectady County   Docket: 2019-1989

Read Complaint (PDF) and Press Release

Case Issue: Did the Defendants, including the Roman Catholic Diocese of Albany, violate New York state laws concerning contracts, promises, and fiduciaries when they either stopped paying or drastically reduced the pensions of former employees of St. Clare's Hospital?


Case Name: Bright v. Brookdale Senior Living

Court: U.S. Dist. Ct. EMD Tenn  Docket: 19-cv-00374

AARP Joined: 8/14/2019

Read Complaint (PDF) 

Case Issue:  Did Brookdale deceive class members in violation of state consumer protection statutes when it promised to provide care based on resident's assessed care needs but, in reality, provided care based on pre-determined profit goals set by the company's headquarters?


Case Name: Cooper v. Senior Citizens Housing of Ann Arbor

Court: U.S. Dist. Ct. ED Mich.   Docket: 18-cv-12448-MAG-MKM

Settled: 7/24/2019

Read Complaint (PDF) Joint Press Release

Case Issue:  The parties reached an amicable settlement in which Lurie Terrace removed the "able to live independently" requirement from its lease and adopted model policies and practices to prevent disability discrimination and guarantee that reasonable accommodations will be available to tenants.


Case Name: Kwesell v. Yale University

Court: U.S. Dist. Ct. Conn. Docket: 3:19-cv-01098

Read: Complaint (PDF), Article and WNPR Listen/Read

Filed: 7/16/2019

Case Issue: Is a wellness program that fines employees $1,300. per year for refusing to reveal medical and genetic information and submit to medical examinations "voluntary" under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA).


Case Name: Brown v. District of Columbia

Court: U.S. Ct. App. D.C. Cir.   Docket: 17-7152

Decided: 7/5/2019

Read  Announcement, Opening Brief (PDF), Appellant's Reply Brief (PDF) and Opinion (PDF)

Case Result: The D.C. Circuit Court found that the lower court erred by not requiring that D.C. prove that it cannot place Plaintiff class into the community from nursing facilities. The case was remanded to the trial court  where D.C. must now prove that it has an effectively working Olmstead plan or prove that it cannot reasonably serve our client in the community.


Case Name: Wilmington Savings Fund v. Castillo

Court: Fajardo Superior Court Docket: FA2018cv01073

Read Counterclaim ESP (PDF), Counterclaim ENG (PDF), Prensa ESP (PDF) Press Release ENG (PDF) and Article ESP, Article ENG

Filed: 6/26/2019

Case Issue: Do reverse mortgage borrowers have a contractual obligation to return an annual notarized certificate of occupancy?


Case Name: Kleber v. CareFusion

Court: U.S. Ct. App. 7th Cir. Docket: 17-1206

Read AARP's Appellant Brief (PDF), Reply Brief (PDF) and En banc Decision (PDF),  Petition for Cert (4/23/2019, PDF)

Decided: 1/23/2019 Petition for Cert Filed:  4/23/2019

Case Result: The U.S. Court of Appeals for the Seventh Circuit, sitting en banc, reversed a favorable panel decision and held that the district court properly dismissed a job applicant's disparate impact claim against a potential employer for age discrimination because section 4(a)(2) of the Age Discrimination in Employment Act (ADEA), does not apply to outside job applicants. 


Case Name: Boothby v. California Department of Health Care Serv.

Court: Superior Ct. State of Cal., County of Los Angeles   Docket: BC627948

Request for Dismissal Filed: 3/22/2019

Read Complaint (PDF), Press Release (PDF),  Writ (PDF), and Judgment (PDF)

Case Comment:  Settlement agreement entered into by the parties for retroactive pay and attorneys' fees totaling $447,308.00. California Dept of Health Care Services agreed to pay Registered Dental Hygienists in Alternative Practice 22 months of backpay. 


Case Name: Brandenburg v. Montgomery Co. Pub. Schools (MCPS)

Court: U.S. Dist. Ct. Md.   Docket: 8:18-cv-02583

Read Complaint (PDF), Press Release (PDF), More

Decided: 1/16/2019


Case Name: Shakespeare v. Live Well Financial (consumer)

Court: U.S. Dist. Ct. ED N.Y.   Docket: 18-7299

Filed: 12/21/2018

Read Complaint (PDF) and Press Release (PDF) Press Release (Spanish)

Issue: Did Live Well Financial and Celink violate reverse mortgage contracts and applicable law by prepaying property taxes of older homeowners without legal authority and without notice, and then wrongfully demanding repayment out of personal funds?


Case Name: Boothby v. California Department of Health Care Serv. (Healthcare/Income)

Court: California Ct. Appeals   Docket: B290534

Decided: 10/25/2018

Read Motion to Enforce (PDF) and Exhibits (PDF)

Result: Settlement agreement entered into by the parties for retroactive pay and attorneys' fees totaling $447,308.00. Approximately 135 dental hygienists will receive 2.7 million in back pay as a result of the trial court's order.


Case Name: Mt. Holly Gardens Citizens in Action v. Twp. of Mt. Holly

Court: U.S. Dist. Ct. N..J. (Camden) Docket: 1:08-cv-02584-NLH-JS

Filed: 5/25/2018

Case Issue: Can the residents of the Mt. Holly Gardens redevelopment area who sued Mt. Holly Township for violations of the FHA and obtained a sweeping and comprehensive settlement be compelled to accept replacement housing with mandatory deed restrictions that is of significantly less value than the replacement housing the settlement entitles them to, and is the Township liable to the residents for monetary damages under the settlement if they must accept the deed restrictions required by the state housing program used by the non-profit developer of the replacement housing?


Case Name: Fair Housing Justice Center v. Cuomo

Court: U.S. Dist. Ct. NY (Southern Dist.) Docket: 18-civ-3186

Filed: 4/12/2018, Opposition brief filed 10/9/2018

Read Complaint (PDF), Press Release (PDF), and Opposition Brief (PDF)

Case Issue: Does a blanket prohibition barring users of wheelchairs from living in Adult Care Facilities regulated and funded through New York State's Department of Health violate the Fair Housing Act, the ADA, and other civil rights laws?


Case Name: Hope Fair Housing Ctr. v. Alden Gardens; H.O.P.E. v. East Gate Manor of Algonquin; H.O.P.E. v. Tabor Hills Supportive Living Cmty.

Court: U.S. Dist. Ct. ND Ill  Docket: 1:15-cv-009715; 15-009717; 15-009719

Decided: 9/6/2018

Read Complaint

Case Result: The Illinois Department of Healthcare and Family Services (HFS), Department of Human Services (DHS), the Department of Aging (DoA), and the Governor, agreed to make changes to its Supported Living Program (SLP), a Medicaid Home and Community Based Waiver Program, to ensure that no individual was denied admission to the SLP on the basis of a mental disability or diagnosis.  The settlement included requirements for training of staff throughout the agencies, notification to past applicants who may have been improperly denied admission, notice to nursing homes, service providers, and disability organizations that SLPS were now an available housing service to those with mental disabilities who were otherwise qualified, three years of monitoring, and the payment of almost $900,000 in attorneys’ fees to local counsel and AARP Foundation attorneys.


Case Name: Gish (Matter of the Estate) v. Wells Fargo Bank

Court: New Mexico State Ct., Santa Fe Cty.  Docket: D-101-PB-2015-00006

Read Amended Complaint (PDF) and Answer to Amended Complaint (PDF)

AARP Joins as Co-Counsel: 6/21/2018

Case Issue: Did Wells Fargo violate state and federal law when it originated a reverse mortgage loan that cost a borrower more than the loan for which the applicant applied and was approved; did Wells Fargo have standing to foreclose on the loan?


Case Name: Taaffe v. Drake

Court: U.S. Dist Ct. SD Ohio Docket: 15-02870

Decided: 6/20/2018

Read ComplaintSettlement (PDF) Article and Podcast

Case Result: Plaintiffs reinstated to prior positions. OSU paid $765,000 and agreed to add "age" to the list of protected categories on job posting sites; hold two trainings regarding age discrimination and HR investigations; adopt a "second look" policy where HR complainants can appeal results of investigation and obtain an unconflicted individual's review; and University-wide review of all discrimination policies and guidelines. 


Case Name: U.S. Chamber of Commerce v. U.S. Dep't of Labor (Motion to Intervene and Petition for Rehearing)

Court: U.S. Ct. App. 5th Cir. Docket: 17-10238

Filed: 5/2/2018

Read AARP's Petition for Rehearing (PDF) and Motion to Intervene (PDF) Decision (PDF)

Case Result: In a 2-to-1 order, the Fifth Circuit panel denied AARP's motion to intervene to file a petition for rehearing en banc to review the court's invalidation of the Department of Labor's Fiduciary Rule that protects consumers from conflicts of interest when saving for their retirement.


Case Name:  Runton v. Brookdale Senior Living

Court: U.S. Dist. Ct. SD Fla.    Docket: 17-cv-60664-CMA

Withdrew from Case: 3/22/209

Read Complaint (PDF)

Case Update: Withdrew from case following the death of the client. 


Case Name: AARP v. EEOC

Court: U.S. Dist. Ct. D.C.   Docket: 16-2113

Decided: 12/20/2017

Read Opinion (PDF)

Case Result: AARP successfully convinced the D.C. District Court to vacate the EEOC’s 2016 wellness rules. The court made the rules ineffective as of January 1, 2019—two years sooner than the agency proposed to take to issue new rules. This is a major victory for AARP and workers because it means two fewer years of coercive penalties imposed on employees who exercise their civil right to keep private information private in the workplace.


Case Name: Waldbuesser (formerly Grabek) v. Northrop Grumman Corp.

Court: U.S. Dist. Ct. CD Cal.    Docket: 06-cv-06213-R CJC

Settled: 10/24/2017

Read Decision (PDF)

Case Result: A settlement of $16,750,000, 4 incentive awards of $25,000 each, expenses of $1,159,114, and attorneys' fees of $5,583,333. Does not include settlement of companion case Marshall v. Northrop Grumman for claims after May 11, 2009.


Case Name: McGraw v. Chancellor Senior Management, LTD

Court: Circuit Ct., Raleigh County, WV   Docket: 16-C-698

AARP Joined Care: 10/16/2017

Read Complaint (PDF)

Case Issue: Are Chancellor's practices of marketing certain levels of services, assessing care needs at admission, and charging fees based on those needs; but then, failing to have sufficient staff to actually meet those needs unfair or deceptive acts or practices under West Virginia's consumer protection statute?


Case Name: Single v. Catholic Pioneer Church Homes

Court: Superior Ct., State of Cal., County of Sacramento    Docket: 2017-00220058

Filed: 10/4/2017

Read Complaint (PDF) and Press Release

Case Issue: Can a nursing facility refuse to readmit a resident who has exercised her administrative due process rights and won the right to readmission?


Case Name: Pierce v. Genesis Healthcare

Court: Superior Ct. of Delaware    Docket: S16C-09-002

Filed: 9/2/2016

Read Complaint (PDF)

Case Result: The case was settled.


Case Name: Raymond v. Spirit AeroSystems

Court: U.S. Dist. Ct. Kansas Docket: 16-cv-01282

Filed: 7/11/2016

Read Press Release and Complaint

Case Issue: In conducting a reduction-in-force, did the aerospace company target older workers in the hope of eliminating individuals with costly medical claims from the firm's self-insured medical plan?


Case Name: Rabin v. PricewaterhouseCoopers

Court: U.S. Dist. Ct. ND Cal. Docket: 16-02276

Filed: 4/27/2016

Read Complaint

Case Issue: Do PwC's hiring and related employment practices have the purpose and effect of disadvantaging and deterring older applicants for entry- and mid-level jobs, in violation of federal and California age bias laws?


Case Name: Taaffe v. Ohio State Univ.

Court: U.S. Dist. Ct. SD Ohio    Docket: 15-02870

Filed: 9/29/2015

Read Complaint

Case Issue: Did the university administrators allow the English as a Second Language department to conduct an orchestrated effort to drive older staff members out of their jobs through a pattern of age discrimination and harassment.


Case Name: O'Connor v. Eden Management

Court: U.S. Dist. Ct. ND Ill.     Docket: 13cv7391

Filed: 10/15/2013

Read Summary and Complaint (PDF)

Case Issue: Is it a violation of Fair Housing Act, ADA, and Section 504 to deny housing to a person who has a history of mental illness?


Case Name: Romero v. Allstate Ins. Corp. 

Court: U.S. Dist. Ct. Pa.   Docket:  01-03894

Filed: 2001

Case Issue: Did employer violate ERISA's prohibition against reducing pension benefits by phasing out early retirement benefits and changing the eligibility requirements for these benefits?


GO TO THIS ARTICLE